Uday Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26197 of 2023 Arising Out of PS. Case No.-514 Year-2020 Thana- SHERGHATI District- Gaya ====================================================== UDAY PASWAN Son of Fekan Paswan Resident of village-Bara, Police Station-Gurua, District-Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dharmesh Kumar, Advocate.

For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-07-2023 Heard Mr. Dharmesh Kumar, learned counsel appearing on behalf of the petitioner and Mr. Parmeshwar Mehta, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Sherghati P.S. Case No. 514 of 2020 registered for the offence punishable under Sections 409 and 420(B) of the Indian Penal Code.

3. As per the allegation made in the F.I.R., a fraud of Rs. 10,07,500/- has been committed by the accused persons named in the F.I.R. on the basis of fictitious and forged certificates and documents of KCC.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is the guarantor of the beneficiaries and the alleged fraud has been committed by the Bank Officials who without verifying the land possession certificate issued by the Circle Officer and the register

Patna High Court CR. MISC. No.26197 of 2023(2) dt.07-07-2023 2/2 maintained at the Circle Office has disbursed the loan to the beneficiaries of KCC account holders. He further submits that all the other bank officials who are accused in connection with the present case have already been released on pre-arrest bail. Petitioner has no role in committing any fraud and he has only identified the beneficiaries. Petitioner was influenced by the then Branch Manager of the Bank to become guarantor of the beneficiaries and a specific statement to that effect has been made in Para-9 of the bail application.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the aforesaid facts and circumstances, the petitioner, above named, is directed to be released on prearrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sherghati, Gaya in connection with Sherghati P.S. Case No. 514 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) mantreshwar/- U T